Property Division

Minnesota Statute 518.58 requires that the Court “make a just and equitable division of the marital property of the parties without regard to marital misconduct….”

As a Minnesota lawyer since 1990, Kathleen understands that most clients want to move from the statute’s requirements to the list of assets and debts that will be awarded to them. Getting to a just and equitable division is a multi-step process.

First, Attorney O’Connor will assist you in determining the “nature” of the property. In other words, whether each item of property is Marital, non-martial or part marital and part non marital.

Minnesota Statute 518.003 subd. 3b defines marital property and includes the presumption that “All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership…”

Minnesota Statute 518.003 subd. 3b also governs when the “presumption of marital property is overcome by a showing that the property is non-marital property.”

‘“Non-marital property’ means property real or personal, acquired by either spouse before, during or after the existence of their marriage, which

(a) Is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
(b) Is acquired before the marriage;
(c) Is acquired in exchange for or is the increase in value of property which is described in clauses (a), (b), (d) and (e);
(d) Is acquired by a spouse after the valuation date; or
(e) Is excluded by a valid ante-nuptial contract.

Kathleen is experienced in proving and defending non-martial property claims.

Second, after Kathleen has assisted you in determining the nature of your property, she will assist you in valuing that the marital property is identified. For some assets, a monthly statement definitively establishes their value. For others, an expert opinion might be helpful, for example, a house appraisal. Deciding which assets need expert analysis and which do not, which expert to use and evaluating the expert’s opinion are all parts of your case that Kathleen guides you through to reach the final list of assets to request in settlement or before the Court.

Finally, Attorney O’Connor assists you in articulating either in settlement negotiations or before the Court what would be a just and equitable division for you.

Arrange a Free Initial Consultation

For strong representation and counsel about divorce and property division matters, you can count on Kathleen E. Rusler O’Connor, Attorney at Law. Call our office at 952.529.1961. You can also use the online contact form.

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Conveniently located in Burnsville, Minnesota, O’Connor Law and Mediation, PLLC is a family law firm supporting residents Burnsville, Apple Valley, Savage, Rosemount, Eagan, Lakeville, Inver Grove Heights, Farmington, West St. Paul, South St. Paul, Mendota Heights, Shakopee, Jordan, Prior Lake, Elko New Market including all of Dakota, Scott, Goodhue, and Hennepin Counties.